Step 2: Understand the Allegationsīefore you can work on getting a CPS case dismissed, you need to understand exactly why the case was opened in the first place.Ĭhild Protective Services exists to protect children from physical, emotional, sexual or other abuse and neglect. Always remember that anything you say or do can be used against you in court. It is critically important that all of your communication with CPS remain respectful, calm and reasonable. You can’t take your pent-up anger or frustration out on them and expect your case to resolve amicably.
They aren’t there to traumatize you or steal your children. They care about the welfare of children and the safety of your family. It is important to remember that MDHHS files termination petitions as required by law, but the court determines if there is grounds for termination of parental rights.However, you have to remember that the professionals at Child Protective Services are there to help children stay safe.
A parent voluntarily releases their parental rights and the child is a temporary court ward due to abuse or neglect.A court terminated a parents' rights because the parent abused or neglected the child.The MDHHS must also file a petition for termination of parental rights if the parent's rights to another child were terminated in Michigan or another state and there is current cases with a finding of a preponderance of evidence of abuse or neglect. Previous termination of parental rights includes situations in which: Michigan's Child Protection Law also requires MDHHS to request termination of parental rights if the parent is responsible for any of the abuse or neglect listed above (under MCL 722.638) or if the parent failed to protect the child from someone else who abuses them in the ways listed above (under MCL 722.638). Requests for Termination of Parental Rights Loss of impairment of an organ or limb.Battering, torture, or other severe physical abuse.Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.
MCL 722.638 requires MDHHS to file a petition when MDHHS determines a preponderance of evidence of child abuse or neglect of a child or a sibling of a child that includes one or more of the following: Exposed to or had contact with methamphetamine production.
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